Bankruptcy Lawyer | FL Exemptions of Earnings and Wages
Bankruptcy Lawyer . Under the federal bankruptcy laws, each state is allowed to choose which type of exemptions will be available to those who file for bankruptcy in its state. Generally the choice is between allowing the use of the federal bankruptcy exemptions and the state’s own bankruptcy exemptions.
The question of which exemptions apply is complicated when a person has recently moved from a different state. The determination of which state’s exemptions apply is based on the place of the person’s domicile during the 730 days prior to filing and sometime also to the 180 days prior to such 730 days
“Disposable earnings,” such as wages, earned by the head of a family are exempt from creditors in Florida. This exemption includes protection from garnishment. If a garnishment is filed on exempt earnings, a person may file an affidavit with the court and request an order stopping the garnishment.
“Head of a Family”
This statute protects the wages or disposable earnings of the “head of a family.” Courts make the determination of who is the “head of family” based on the totality of the circumstances. Sometimes, the person earning the highest wages is considered the head of the family.
“Earnings”
Florida statutes provides that “earnings” includes compensation for personal services or labor whether denominated as wages, salary, commission, or bonus.
Commissions and bonuses may constitute earnings even if the person is labeled an independent contractor if his activities are essentially a job, he is supervised, and not in the nature of running a business. But commissions have been held not to constitute earnings if the person is free to make his own business decisions and solely responsible for expenses incurred in the operation of his business. A return on an equity investment is not earnings. A qualified bankruptcy lawyer practicing in your state can assist you in qualifying your earnings and wages.
Call attorney David Pinkston, bankruptcy lawyer for a free consultation today: (904) 389-5880. If you are thinking about #bankruptcy, #chapter13bankruptcy or #foreclosure in the Jacksonville, Florida area, you should call attorney David Pinkston. David is very experienced with all aspects of bankruptcy law yet very personable and easy to talk to. Call Us Today! (904) 389-5880B